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Judge Sends Elon Musk’s OpenAI Lawsuit to Jury Trial in March

OpenAI calls the case baseless, with Microsoft asking the court to dismiss the claims against it.

Overview

  • U.S. District Judge Yvonne Gonzalez Rogers said there is “plenty of evidence” to let jurors weigh whether OpenAI leaders assured Musk the nonprofit structure would be maintained.
  • The judge plans to issue a written order after the hearing addressing bids to toss the case and the scope of claims that proceed.
  • A jury will determine when any alleged deceit occurred, a key question because Musk’s fraud claims face a three‑year statute of limitations.
  • Court filings cited by the judge include a 2017 diary entry from Greg Brockman discussing a potential flip to a for‑profit model.
  • Musk says he contributed about $38 million in early funding and seeks recovery of alleged “ill‑gotten gains,” while OpenAI, Sam Altman and Greg Brockman deny wrongdoing and characterize the suit as commercially motivated.